Nugget 90, You seem to be exonerating NR 840. My understanding is that it was maintaining assigned level of 310 and asked for 350 which understandably was not granted but it climbed anyway. ATC saw it and averted the danger by turning him and EVA 661 left, away from each other. Flights at 310 320 and 330 ( including opposing traffic) are legally separated but 840's action upset that apple cart. Flights are in this close proximity every day everywhere I should think, so TCAS ought not to be a factor surely? ATC saying expect 350 was presumably misunderstood by 840.